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(영문) 수원지방법원안산지원 2020.12.16 2020가단9558
공사대금등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 47,100,000 won and 5% per annum from May 1, 2019 to November 16, 2020.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statements in Gap evidence Nos. 1 through 3 and Eul evidence No. 1, the plaintiff entered into a contract with an external ton construction cost of 70,40,000 won and a subcontract for construction period from March 29, 2019 to April 30, 2019 (hereinafter referred to as "the contract in this case") among multi-household housing, etc. in Michuhol-gu Incheon, Michuhol-gu (hereinafter referred to as "the defendant company"), and as a joint and several liability for the payment of construction cost to the plaintiff under the contract in this case, the defendant Eul paid the plaintiff the down payment amount of 7,00,000 won out of the construction cost, and the plaintiff received the contract in this case from the plaintiff on April 30, 2019.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining construction cost of KRW 47.1 million (i.e., construction cost of KRW 70 million - KRW 7 million - KRW 16.3 million) and damages for delay calculated at each rate of 12% per annum as prescribed by the Civil Act from May 1, 2019 to November 16, 2020, a copy of the application for modification of the purport of the instant claim and the cause of the claim, which was served on the Defendants, from the date following the completion of the instant construction work, to November 16, 2020, and the copy of the application for modification of the cause of the claim, which was served on the Defendants.

2. Judgment on the defendants' assertion

A. The defendant company argued that the defendant company cannot respond to the plaintiff's claim since the defendant company acquired the obligation of the defendant company to the plaintiff from the defendant company in accordance with the contract of this case. However, there is no evidence to acknowledge the fact that the defendant company acquired the obligation of the defendant company to the plaintiff. Thus, the above argument is without merit.

(b).

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